Poncio v. Dept. of Resources Recycling & Recovery

The Division of Recycling within the Department of Resources Recycling and Recovery (CalRecycle) granted Carolina Poncio a probationary certificate to run a recycling center. CalRecycle revoked her probationary certificate after Poncio’s husband attempted to bribe a CalRecycle employee assigned to audit Poncio’s recycling center. After a CalRecycle hearing officer upheld the revocation, Poncio filed a petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5. Poncio included in her petition an assertion that she was entitled to a traditional writ of mandamus under Code of Civil Procedure section 1085. However, because she sought review of a quasi-judicial adjudication, her exclusive remedy was a petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5. The trial court denied the petition. On appeal to the Court of Appeal, Poncio argued: (1) the hearing officer and the trial court misapplied Public Resources Code section 14591.2 (the statute providing for disciplinary action against certificate holders); (2) CalRecycle violated Poncio’s constitutional and statutory due process rights; and (3) the evidence of the attempted bribe was insufficient to revoke Poncio’s probationary certificate for dishonesty. Concluding that each contention lacked merit, the Court affirmed judgment. View "Poncio v. Dept. of Resources Recycling & Recovery" on Justia Law